Can a balanced law be crafted?

From the US Copyright Office:

The Copyright Office is conducting this rulemaking proceeding mandated by the Digital Millennium Copyright Act, which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works.

Last time, they did issue some exemptions.

One question I have, is that while exemptions were granted, how does one exercise his fair use right? Do you have to not only be the person that wants to exercise those rights and be the one to devise the method to use to achieve that? Can you mandate somebody else to create the method to circumvent those protections? This is particularly tricky if the tool you create can be used to also circumvent the protection around non-exempt work.